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HomeMy WebLinkAboutCOW 2012-08-27 COMPLETE AGENDA PACKETTukwila City Counci /Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson David Cline, City Administrator Allan Ekberg Kathy Hougardy Verna Seal, Council President De'Sean Quinn Kate Kruller Monday, August 27, 2012, 7:00 PM 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Tukwila City Hall Council Chambers 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL a. An ordinance amending various ordinances in Tukwila Municipal Code Pg.1 ISSUES Title 5, "Business Licenses and Regulations." 4. REPORTS 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT b. Permit system tracking replacement project. Pg.21 c. Supplemental agreement #15 for the Tukwila Urban Center Transit Pg.43 Center. d. Supplemental Agreement #16 for the Andover Park West Street Pg.63 Widening Project. e. Washington State Department of Transportation (WSDOT) Regional Pg.83 Mobility Grant for the Tukwila Urban Center Pedestrian /Bicycle Bridge. a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your continents to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on continents received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date I Prepared by I Mayor's review Council review 08/27/12 CW I 09/04/12 CW 3.A. ITEM INFORMATION STAFF SPONSOR: PEGGY MCCARTHY I ORIGINAL AGENDA DATE: 08/27/12 AGENDA ITEM TITLE An Ordinance amending Title 5 Business Licenses and Regulations CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date 08127112 Mtg Date Mtg Date Mtg Date 09104112 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S Finance staff has performed a review of Title 5 Business License and Regulations and have SUMMARY identified some code changes/ modifications including: definition of business, standardization of regulations for temporary business licenses, revisions to the appeal process and some general housekeeping issues. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/21/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 08/27/12 RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 08/27/12 I Informational Memorandum dated 8/21/12 Ordinance in Draft Form Business License Penalties /2012 Notices Issued 2011 Temporary Event Licenses Issued 9/4/12 1 p City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director BY: Cindy Wilkins, Fiscal Specialist DATE: August 21, 2012 SUBJECT: Amendments to TMC Title 5: Business Licenses and Regulations ISSUE Council is being asked to consider several amendments to Tukwila Municipal Code (TMC) Title 5: Business Licenses and Regulations in order to increase efficiency and provide clarity in the Code. BACKGROUND In 2010, the Finance Department assumed responsibility for business licensing. In October 2011, several changes were made to Title 5, as a result of this change. Since that time, the Finance Department has identified areas of the Code in need of clarification and /or further explanation, in order to assist in efficient processing of business license applications and renewals. These changes will also help eliminate confusion for business license applicants. These recommended changes are outlined below. DISCUSSION 1. Update to the definitions of "Business" and "Business License Required" The definitions of "Business" (TMC 5.04.010) and "Business License Required" (TMC 5.04.015) need to be refined, in order to address questions in applicability. Currently, the TMC states that if you are engaging in business in Tukwila, you are required to have a business license. This wording is vague and has resulted in some challenges relating to who should and who should not be required to have a business license in Tukwila. Specifically, some of the challenges involve outside vendors and whether or not conducting business in Tukwila when the vendor is located outside the City requires a business license. Staff believes that the intent of the Code is to require a business license from any activity, occupation, pursuit or profession located in or engaged within the City regardless if the physical location is within City boundaries. Changing the definitions of "business" and "business license required" would add clarity and enforceability to the Code. The proposed draft definition of "business" was derived from a combination of definitions from codes in the following cities including Kent, Redmond, and Kirkland. The proposed draft definition of "business license" was derived from a combination of definitions from code language used in Lynnwood and Redmond. 2. Temporary Business Licenses In regards to temporary business licenses, the TMC reads that a business that employs fewer than 10 employees is exempt from payment of a license fee (TMC 5.04.020(C)(7)). The primary purpose of this section was intended to ensure events like sidewalk sales, carnivals and /or tent 3 INFORMATIONAL MEMO Page 2 sales of established businesses were in compliance with City regulations for safety issues with tents, ample parking, adequate restroom facilities and other requirements. The Code has also been applied to vendors at City sponsored events such as Tukwila Days, 4 th of July, or other events at the Tukwila Community Center (TCC). Most vendors at these events have volunteers or employ fewer than 10 employees so they are exempt from the business license fee. For City sponsored events or events held at TCC, participating vendors complete a Vendor /Exhibitor Opportunities form and pay the applicable fee at the Community Center in addition to completing a Temporary Event application. The Temporary Event application is redundant and takes time for staff to process a temporary license with no associated fee. The City Council has expressed an interest in and a desire for these types of vendors to participate and support our community in such events, and these processes will create a made more user environment. To recover the cost of processing a business license, staff recommends charging all other entities applying for a Temporary Event License that are for a non -City sponsored event, the minimum $67 business license fee per application. This requires changing the definition of minimum fee (TMC 5.04.020 (7). A summary of temporary business licenses issued in 2011 is attached for Committee review (Attachment #3). The draft ordinance exempts City -run special events as discussed above, and requires a temporary business license fee for all other vendors. 3. Fee for Late Acquisition or Renewal (TMC 5.04.050(A) Currently, the Code processes late fees for delinquent business license renewals and late acquisitions in the same manner. The current language works for late acquisition, but is not efficient for business license renewal penalties. Late fees on business license renewals needs to be identified separately. Based on research conducted by staff on processing late fees in surrounding cities, there may be a more efficient way to encourage timely payment of business license fees and compliance with the Code. In comparison to other cities, Tukwila provides a generous policy regarding penalty fees for late business license renewals. Staff believes that increasing the penalty fee will reduce staff processing costs, time, and increase the likelihood of timely payments and complete the renewal process in a shorter amount of time. Staff recommends implementing the changes outlined in Attachment #3, and changing the Code accordingly. 4. Various Housekeepina Chances Several housekeeping changes are recommended to add consistency and clarity to the Code. These housekeeping items are discussed below: The following sections of the Code need the word "City" added before "Clerk Any appeals the City receives needs to be received by the City Clerk. Appeals (TMC 5.10.100) and Appeals (TMC 5.56.100). The appeal fee of $250 in Appeal of Notice of Denial, Suspension or Revocation (TMC 5.04.112) was inadvertently removed when the Code was initially changed in 2011, and needs to be added back to the ordinance. A few sections of the Code never included appeal language and were subsequently challenged. It was thought that the appeal fee language in TMC 5.04.0112 (B) would apply to all of Title 5; however since the language is Chapter specific, it does not apply to the other Chapters in question. The language should be added to these sections, so the City can collect appeal fees to help off -set the hearing examiner fees. The following sections are being recommended for change: Appeals and Hearings Cabarets (TMC 5.08.080) and Adult Cabarets TMC 5.10.100(A); and Appeals (A) Adult Entertainment Cabaret (TMC 5.56.100). n INFORMATIONAL MEMO Page 3 Add the term UBI (Unified Business Identifier) to factors that signify a Change in Nature of Business (TMC 5.04.070) to clarify when a new business license application needs to be submitted and applicable fees need to be collected. Currently the code only states that a change in the nature of business or a change in ownership requires payment of the applicable license fee. A change in the UBI number requires the fee to be paid as well. RECOMMENDATION The City Council is being asked to consider the ordinance amending Title 5 Business Licenses and Regulations at the August 27, 2012 Committee of the Whole meeting and subsequent September 4, 2012 Regular Meeting. ATTACHMENTS Draft Ordinance Business License Penalties /2012 Notices Issued 2011 Temporary Event Licenses Issued R p AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 5, "BUSINESS LICENSES AND REGULATIONS," TO CLARIFY THE DEFINITION OF "BUSINESS AMEND LANGUAGE RELATING TO A TEMPORARY BUSINESS LICENSE, UPDATE LANGUAGE DEFINING LATE ACQUISITION OF LICENSE AND PENALTY FEES, AND REINSTATING THE FORMER APPEAL FEE OF $250.00; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 5 of the Tukwila Municipal Code (TMC), "Business Licenses and Regulations," was last updated November 2011 by Ordinance No. 2356; and WHEREAS, a revision to the definition of "business" will help clarify when a City business license is required; and WHEREAS, the City Council desires to standardize regulations relating to a temporary business license; and WHEREAS, the City Council supports assessment of penalty fees for a business operating without first obtaining a business license, and for businesses that fail to renew their business license in the required timeframe; and WHEREAS, revisions to the appeal procedures and appeal fees are needed for consistency in filing of appeals relating to all sections of Title 5 and to help defray the cost of Hearing Examiner fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.04.010, "Definitions," Amended. Ordinance Nos. 2356 §1, 2333 §1 and 2315 §1 (part), as codified at TMC Section 5.04.010, "Definitions," under subparagraph 1 entitled, "Business," are hereby amended to read as follows: W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru CW:bjs Page 1 of 7 7 1. "Business," means and includes all activities, occupations, trades, pursuits, or professions located or enaaqed within the Citv that involves the manufacturing or processing of materials of any type, the sale of goods, wares or merchandise, the rendition of services or the repair of goods, wares or merchandise to the g eneral n„hli,. nr a perfien t h °re for any consideration to the person enaaginq in the same or to anv other person or class, directly or indirectly, whether or not an office or phvsical location for the business lies at eaGh established plaGe of busiReorc, C+ -er�T^° or yard within the City limits. Section 2. TMC Section 5.04.015, "Business License Required," Amended. Ordinance Nos. 2333 §2 and 2315 §1 (part), as codified at TMC Section 5.04.015, "Business License Required," are hereby amended to read as follows: No person or persons shall conduct, maintain, operate, or engage in any business within the City without first applying for and obtaining a business license and paying the fee(s) as prescribed herein unless the business is exempt. The exemption is only from the need to pay a fee for issuance of the business license and shall not be construed as relief from compliance with other requirements of the Tukwila Municipal Code. All businesses operating or engaginq in business within the City are required to submit a business license application or renewal, as appropriate, regardless of whether a business license fee is due to the City. Section 3. TMC Section 5.04.020, "Application and Fees Required," Amended. Ordinance Nos. 2356 §2, 2333 §3 and 2315 §1 (part), as codified at TMC Section 5.04.020, "Application and Fees Required," under subparagraph C entitled "Minimum Fee," are hereby amended to read as follows: C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00, consisting of a $12.00 business license fee and a $55.00 RGRL fee, except if the b Ucin °cc q fer a f°mn°rary b sine l +Gense in aG r° wi TIVI S 5.04. 010 er is for an entity defined in TMC Section 5.04.090. 1. A business with less than $12,000.00 of annual gross receipts shall pay the minimum license fee. A residential rental property with less than $12,000.00 of annual gross receipts shall be exempt from the RGRL fee, but shall be subject to the license fee requirements set forth in TMC Section 5.06.040. 2. An entity engaging in some activities or functions that are exempt from the combined business license fee and some that are not exempt shall pay a license fee based on the number of full -time equivalent employees involved in the functions or activities that are not exempt. 3. An individual person operating more than one business as sole proprietorship or owning more than one residential rental property within the corporate limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL fee for any one of the multiple businesses, if not otherwise exempt from paying the license fee pursuant to this chapter. TMC Section 5.04.020.C.3 shall not apply if any W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru cW:bjs Page 2 of 7 one of the businesses or properties owned by the sole proprietor has three or more full time equivalent employees. 4. If a business has more than one location in Tukwila, the license fee calculation shall include at least the minimum fee for each location. 5. The license fee for a business required to be licensed under this chapter and not located within the City's corporate limits shall be calculated by multiplying the license fee by the number of FTE employees working within the City, but in no event shall the license fee be less than the minimum license fee set forth in this chapter. If the number of FTE employees is not known at the time of renewal, the business shall estimate the maximum number of FTE employees they anticipate working in Tukwila for the 12 -month period subject to licensure. 6. Businesses doing business in the City that have no employees physically working within the City shall pay the minimum fee required under this chapter. 7. Businesses or organizations e f eweF than 10 empl,,.,oc 2PA -that a-re eligible for a temporary business license pursuant to TMC Section 5.04.010 shall be exempt from payment „f a license fog will be required to pav the minimum $67.00 business license fee unless the applicant is participating at a City- sponsored event or as part of an event held at the Tukwila Communitv Center. If an applicant is particioatinq at a Citv- sponsored event or as part of an event held at the Tukwila Communitv Center, thev will be required to complete all application requirements and approvals required by the City's Parks and Recreation Department. Section 4. TMC Section 5.04.050, "Fee for Late Acquisition or Renewal," Amended. Ordinance Nos. 2356 §4, 2333 §5 and 2315 §1 (part), as codified at TMC Section 5.04.050, "Fee for Late Acquisition or Renewal," are hereby amended to read as follows: 5.04.050 Fee for Late Acquisition or Renewal A. Monetary Penalty. Failure to pay the license fee by the first day of commencinq business operations w ithi n Qn days after the day en which i t —is due and payable pursuant to TMC Section 5.04.020 will result in a late acquisition penalty equal to shall render the b 6u bj e t nonol t- ^f 5% of the awe of license fee for the first month of delinquency and an additional penalty of 5% for each succeeding month of delinquency, but not to exceeding a total penalty of 25% of the aFnGURt Of license fee_, plus any legal er administrative expeRses inGUrFed by the City. Failure to pav the annual business license renewal fee by January 31st shall constitute delinquency and shall result in a penalty equal to 15% of the business license fee for applications and payment receipted or postmarked February 1 through February 28. If application and pavment is receipted or postmarked March 1 throuqh March 31st, a penalty of 30% of the business license fee will be added. If application and payment is receipted or postmarked April 1 or later, a penalty of 45% of the business license fee will be added. No business license for the current period shall be granted until all the delinquent fees, together with penalties, have been paid in full. The Finance Director or W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru CW:bjs Page 3 of 7 t• his /her designee is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in the event the Director or his /her designee determines that the late payment was the result of excusable neglect or extreme hardship. B. Collection of Fees and Penalties. Any license fee due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies. C. Revocation of License. The Finance Director may revoke any business license issued pursuant to this chapter to any business or other person who is in default in any payment of any license fee hereunder, or who shall fail to comply with any of the provisions of this chapter. Notice of such revocation shall be mailed to the license holder by the Finance Director, and on and after the date thereof any such business that continues to engage in business shall be deemed to be operating without a license and shall be subject to any and all penalties herein provided. D. There shall be a penalty of not less than $50.00 to reinstate any business license revoked through nonpayment of the business license fee. Section 5. TMC Section 5.04.070, "Change in Nature of Business," Amended. Ordinance Nos. 2356 §5, 2333 §6 and 2315 §1 (part), as codified at TMC Section 5.04.070, "Change in Nature of Business," are hereby amended to read as follows: The license granted in pursuance hereof shall be used to conduct the business or type of business at the designated address for which such license is issued. Any change in the nature of the business, a change in the Unified Business Identifier (UBI) issued by the Washington State Department of Licensing, a change in the physical location of the business, or a change in ownership of the business shall necessitate a renewed application to the Finance Department. A change in the nature of business, change in the Unified Business Identifer or a change in ownership will also require payment of the applicable license fee. Section 6. TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or Revocation," Amended. Ordinance Nos. 2333 §9 and 2315 §1 (part), as codified at TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or Revocation," are hereby amended to read as follows: A. Whenever the Finance Director, or his /her designee, determines there is cause for suspending, denying or revoking any license issued or applied for pursuant to this chapter, the Finance Director, or his /her designee, shall notify the person holding the license, by registered mail or hand delivery, of his /her determination. Notice mailed to the address on the license shall be deemed received three business days after mailing. The notice shall specify the grounds for suspension, denial or revocation. W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru CW:bjs Page 4 of 7 10 B. The licensee or applicant may appeal the decision of the Finance Director, or his /her designee, to suspend, deny or revoke a business license by filing a written appeal to the City Clerk within 10 calendar days of the decision. The appeal must state the grounds for appeal and the basis for why the decision was incorrect. To be accepted the appeal must be accompanied by an appeal fee of $2-00.00 $250.00. C. Upon receipt of the notice of appeal, the Finance Director shall set a date for hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be mailed to the licensee or applicant. D. The hearing shall be de novo. The Hearing Examiner may affirm, reverse or modify the Finance Director's, or his /her designee's, decision. E. The decision of the Hearing Examiner shall be final. Any appeal from the administrative hearing shall be to King County Superior Court within 14 calendar days of the Hearing Examiner's decision. Section 7. TMC Section 5.08.080, "Appeals and Hearing," Amended. Ordinance Nos. 2355 §6, 1796 §3 (part) and 1586 §2 (part), as codified at TMC Section 5.08.080, "Appeals and Hearing," are hereby amended to read as follows: A. Any person aggrieved by the action of the Finance Director in refusing to issue or renew any license under this chapter or in suspending or revoking any license under this chapter shall have the right to appeal such action to the City Hearing Examiner, or to such other hearing body as may hereafter be established by the City Council for the hearing of such appeals, by filing a notice of appeal with the City Clerk within 10 days of receiving notice of the action from which appeal is taken. The appeal must state the grounds for appeal and the basis for why the decision was incorrect and include an appeal fee of $250.00. B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 20 days from the date of such receipt, except as specified in TMC Section 5.08.080.C. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the Finance Director, pending the decision of the hearing body. C. The decision of the hearing body on an appeal from a decision of the Finance Director shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. D. The decision of the hearing body shall be final unless appealed to the Superior Court within 20 days of the date the decision is entered. W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru cW:bjs Page 5 of 7 11 Section 8. TMC Section 5.10.100, "Appeals," Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.100, "Appeals," is hereby amended to read as follows: A. Upon notice of non issuance, revocation .or suspension of any license under this chapter, or imposition of any penalty under TMC Section 5.10.110, the applicant or license holder may appeal by filing a notice of appeal, specifying the particular reason(s) upon which the appeal is based, with the Citv Clerk within 10 days of a-nd iRGIudiRg—the date of the notice of non issuance, revocation or suspension. To be accepted, the appeal must be accompanied by an appeal fee of $250.00. A timely notice of appeal shall stay the effect of the notice of non issuance, revocation, suspension or imposition of any penalty under TMC Section 5.10.110. An untimely notice of appeal shall be rejected as such by the City Clerk, and no appeal hearing shall be scheduled. A warning notice to a manager, under TMC Section 5.10.110.A.1, shall not constitute the imposition of a penalty. B. Upon timely filing of a notice of appeal, the Clerk Director shall schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be conducted no later than 45 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Examiner for good cause shown. The Hearing Examiner shall have the authority to issue subpoenas for persons and documents relevant to the appeal upon request of a party. C. Within 20 days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision which shall set forth the reasons therefor. D. A decision of the Hearing Examiner, or a decision of the City Clerk to reject an appeal as untimely, shall be final, unless an application for a writ of review is filed with the King County Superior Court and properly served upon the City of Tukwila within 14 calendar days of and including the date of the Hearing Examiner's decision. Section 9. TMC Section 5.56.100, "Appeals," Amended. Ordinance Nos. 1747 §1 (part) and 1490 §2 (part), as codified at TMC Section 5.56.100, "Appeals," are hereby amended to read as follows: A. Upon notice of non issuance, revocation or suspension of any license under this chapter, or imposition of any penalty under TMC Section 5.56.120, the applicant or license holder may appeal by filing a notice of appeal, specifying the particular reason(s) upon which the appeal is based, with the Citv Clerk within 10 days of and +aGladiRg-- date of the notice of non issuance, revocation or suspension. To be accepted, the appeal must be accompanied by an appeal fee of $250.00. A timely notice of appeal shall stay the effect of the notice of non issuance, revocation, suspension or imposition of any penalty under TMC Section 5.56.120. An untimely notice of appeal shall be rejected as such by the City Clerk, and no appeal hearing shall be scheduled. A warning notice to a manager, under TMC Section 5.56.110.A.1, shall not constitute the imposition of a penalty. W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru cW:bjs Page 6 of 7 12 B. Upon timely filing of a notice of appeal, the Clerk Finance Director shall schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be conducted no later than 45 days from the date of the notice of appeal, unless an extension is agreed to by the appellant. The Hearing Examiner shall have the authority to issue subpoenas for persons and documents relevant to the appeal, upon request of a party. C. Within 20 days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision, which shall set forth the reasons therefor. D. A decision of the Hearing Examiner, or a decision of the City Clerk to reject an appeal as untimely, shall be final, unless an application for a writ of review is filed with the King County Superior Court and properly served upon the City of Tukwila within 14 calendar days of and including the date of the Hearing Examiner's decision. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations, or ordinance numbering and section /subsection numbering. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -9 -12 strike -thru CW:bjs Page 7 of 7 13 14 Business License Renewal Penalties (Penalty amount based on the License Fee due) Tukwila (CURRENT) If paid, Jan 1 Jan 31 No Penalty Fee Due Feb 1 Feb 28 Add'I 5% Penalty Due Mar 1- Mar 31 Add'I 10% Penalty Due Apr 1 Apr 30 Add] 15% Penalty Due May 1 May 31 Add'I 20% Penalty Due Jun 1- Jun 30 Add'I 25% Penalty Due July 1st To Code Enforcement Redmond if paid, Jan 1 Feb 14th No Penalty Fee Due Feb 15 Mar 14th Add'I 50% Penalty Due Mar 15 After Add'I 100% Penalty Due Kirkland If paid, Up to 29 days late Add'I $25 or 10% Penalty fee, whichever is greater 30 -59 days late Add'I $50 or 50% Penalty fee, whichever is greater 60 or more days Add'I $100 or 100% Penalty fee, whichever is greater Burien If paid, 30 or more days delinquent shall be subject to a penalty equal to the license fee. Renton If paid, Jan 1 Jan 31 No Penalty Fee Due Feb 1 Feb 28 Add'I 5% Penalty Due Mar 1- Mar 31 Add'I 10% Penalty Due, plus revocation fee of $50 and reinstating fee of $20 Apr 1- Apr 30 Add'I 15% Penalty Due, plus revocation fee of $50 and reinstating fee of $20 May 1- May 31 Add'I 20% Penalty Due, plus revocation fee of $50 and reinstating fee of $20 Jun 1 Jun 30 Add'I 25% Penalty Due, plus revocation fee of $50 and reinstating fee of $20 (per Linda Weldon, they usually don't have many accounts holding out till the end due to revoking their license) Lynnwood If paid, Feb 15th or After New application must be submitted with an add'I penalty fee of 150% Seatac If paid, 1 -15 days past due a penalty of 5% is due or $5 whichever is greater 16 -30 days past due a penalty of 10% or $10 whichever is greater 31 -45 days past due a penalty of 15% or $15 whichever is greater 46 -60 days past due a penalty of 20% or $20 whichever is greater over 61 days a penalty of 100% is due Kent' If paid, after 90 days past due date is subject to a $50 reinstatement fee in addition to the license fee. Staff Recommendation (PROPOSED) Jan 1 Jan 31 No Penalty Fee Due Feb 1 Feb 28 Add'I 15% Penalty Due Mar 1 Mar 31 Add'I 30% Penalty Due Apr 1- Apr 30 Add') 45% Penalty Due May 1st Accounts referred to Code Enforcement 15 2012 Renewal Notices /Late Notices Issued Renewal notices are sent out early December. of Notices Sent 2546 Current Penalty Fees 479 Over 30 day late notices were issued on 2/2 License Fee 5% 10% 15% 20% 25% 23 Based on FTE (After 1/31) (After 2/28) (After 3/31) (After 4/30) (After 5/31) 1 FTE 67.00 1 3.351 6.701 10.051 13.401 16.75 5 FTE 335.00 16.75 33.501 50.251 67.001 83.75 10 FTE 670.00 1 33.50 67.001 100.501 134.001 167.50 20 FTE 1,340.00 1 67.001 134.001 201.001 268.001 335.00 50 FTE 3,350.00 167.501 335.00 502.501 670.001 837.50 100 FTE 6,700.00 1 335.001 670.00 1,005.001 1,340.001 1,675.00 Proposed Penalty Fees License Fee 15% 30% 45% To Code Enforcement Based on FTE (After 1/31) (After 2/28) (After 3/31) May 1 1 FTE 67.00 1 10.051 20.101 30.151 5 FTE 335.00 1 50.25 100.501 150.751 10 FTE 670.00 100.50 201.00 301.501 20 FTE 1,340.00 1 201.001 402.00 603.001 50 FTE 3,350.00 1 502.501 1,005.001 1,507.501 100 FTE 6,700.00 1 1,005.001 2,010.001 3,015.001 2012 Renewal Notices /Late Notices Issued Renewal notices are sent out early December. of Notices Sent 2546 Renewal Notices were issued on 12/6/11 479 Over 30 day late notices were issued on 2/2 (5% penalty) 260 Over 60 day Late Notices were issued on 3/1 (10% penalty) 89 Over 90 day Late Notices were issued on 4/3 (15% penalty) 23 Over 120 day Late Notices were issued on 5/1 (20% penalty) 11 Over 150 day Late Notice were issued on 6/1 (25% penalty) (Business Licenses are valid Jan 1 Dec 31) 16 Requestor 1 Allen Kim Entertainment 2 Anderson, Carter, Bascaou Assoc 3 Best Buy Stores 4 Boeing Stores 5 Cascade Amusements 6 CCCS EFKS Malua Seattle II 7 8 9 10 Electronic Transaction Consultants 11 Family Dog Training Center 12 Funtastic Shows 13 14 Great American Estate Roadshow 15 Highline United Methodist Church 16 17 18 19 20 21 Jenna's Red Rhino /J. Schmidt 22 M -T 23 24 Nutrition First 25 26 RACA Fuerte Church 27 Rags to Rugs Stuff 28 Rengelekel Belau 29 30 Rock Foundation Christian Ctr 31 Samoan Community Church 32 33 34 35 36 Seattle Metro Credit Union 37 Ski Bonkers 38 Visions Intl Feline Supplies 2011 Issued Temp Event Licenses Event Event Location Event Date (Jazz Art Show Southcenter Mall 107/09/2011 Coin Show Doubletree Hotel 12/1- 2/26/11 Movie in Parking Lot Store Parking Lot IThanksgiving Night Annual Tent Sale 10002 E Marg Wy S 18/4- 8/7/11 (Carnival /Rides Mall Southcenter Mall 15/27- 6/8/11 ICar Wash 114415 TIB 7/7- 7/8/11 1 7/14- 7/15/11 7/21- 7/22/11 7/28- 7/29/11 Tax Consultant Southcenter Mall 12/20- 2/27/11 Dog Training (Heritage Culture Ctr 108/20/2011 (Carnival /Rides Mall Southcenter Mall 14/5- 4/15/11 1 7/21- 7/24/11 1Buy Collectables /Coins Best Western 8/22 8/24/11 {Car Wash 114415 TIB 106/18/2011 107/09/2011 107/23/2011 1 07/30/2011 1 08/05/2011 1 108/13/2011 [Cat Show ITukwila Comm Ctr (10/15- 10/16/11 Cat Show ITukwila Comm Ctr 5/21- 5/22/11 1 10/15- 10/16/11 [Breast Feeding Trng ITukwila Comm Ctr 06/21/2011 1 1 09/27/2011 ICar Wash 114415 TIB 8/27 8/28 -11 1Cat Show ITukwila Comm Ctr 10/15- 10/16/11 ICar Wash (14415 TIB 8/21 8/22/11 1 8/27- 8/28/11 ICar Wash 14415 TIB 09/08/2011 {Car Wash 14415 TIB 6/3- 6/4/11 I 16/25- 6/26/11 I I 17/9- 7/10/11 7/23- 7/24/11 I 7/30- 7/31/11 1 Mbrs Only Car Show iParking Lot 106/11/2011 Parking Lot Sale (Southcenter Mall 19/2- 9/6/11 (Cat Show ITukwila Comm Ctr 110/15- 10/16/11 Car Washes The City no longer issues Temp Event licenses for carwashes. City Sponsored Events /Events held at TCC Proposal Business License not needed D AII others would be subject to the Temp Business License application process *For 2011 of the 12 that were not carwashes or Tukwila Events, 6 paid license fees and 6 did not Organization City Renton, WA Pasadena, CA (Tukwila, WA Tukwila, WA (Portland, OR {Seattle, WA {Seattle, WA {Seattle, WA {Seattle, WA (Richardson, TX (Kent, WA (Portland, OR Portland, OR Schaumburg, IL Burien, WA Burien, WA Burien, WA Burien, WA Burien, WA IBurien, WA Kent, WA Kelso, WA Kelso, WA Redmond, WA (Redmond, WA (Kent, WA 11-incoln City, OR Renton, WA Renton, WA ISeattle, WA JDesMoines, WA IDesMoines, WA IDesMoines, WA (DesMoines, WA (DesMoines, WA Tukwila, WA Bellevue, WA IHappyValley, OR W. FINANCE AND SAFETY COMMITTEE Meeting Minutes August 21, 2012 5: 15p. in.; Conference Room 43 City of Tukwila Finance and Safety Committee PRESENT COUncilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: David Cline, Peggy McCarthy, Jennifer Ferrar Santa -Ines, Cindy Wilkins, Craig Zellerhoff, Stephanie Brown, Kim Gilman, Jack Pace and Kimberly Matej Guests: Chuck Parrish, resident CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:17 p.m. Connniltee Chair Quinn changed the order of the agenda from that as outlined in the agenda packet front cover sheet. The order in which items were discussed is outlined below. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Police Uudate: 2012 2" Ouarter Reoort As information only, staff utilized a PowerPoint presentation to update the Committee on items of significance that occurred in the Police Department during the second quarter. The information included highlights, crime statistics and crime reduction strategies. INFORMATION ONLY. B. Ordinance: Amendments to TMC Title 5 Business Licenses and Reeulations Staff is seeking Council approval of several amendments to Tukwila Municipal Code (TMC) Title 5: Business Licenses and Regulation in an effort to provide clarity and increase efficiency and applicability of the TMC. Staff is seeking amendments to the following sections: Definitions of Business and Business License Required Provides for clarity; adding that any activity, occupation, pursuit or profession located in or engaged with the City regardless of physical location defines a business and will require a business license. Temporary Business Licenses With the exception of City- sponsored special events, which would be exempt; this change charges a $67 fee per temporary business license which is the minimum charge for a regular business license. Committee Chair Quinn requested that staff provide an estimate of late /penalty fees paid in 2012. Fee for Late Acquisition or Renewal Provides for greater clarity and establishes stricter penalties for late renewals. in regard to late acquisition fees, staff proposes removing the grace period and immediately processing the late fee. Various Housekeeping Changes Minor, non- substantive changes that make grammatical corrections and references as well as adding appeal language. The Committee is forwarding this item with unanimous approval to the Council; however, Chuck Parrish, resident, asked that the Council consider a discussion regarding the definition of Business and Business License Required as summarized above. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. 19 20 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date I Prepared by I Mfr's review Council review 11/14/11 NG I 08/27/12 NG f /11 3.6. 09/04/12 NG ITEM INFORMATION STAFF SPONSOR: NORA GIERLOFF I ORIGINAL AGENDA DATE: 11/14/ AGENDA ITEM TITLE Permit Tracking System Replacement CATEGORY Discussion Motion Resolution Ordinance .Bid Azvard ❑Public Ileazzng Other Mt g Date 8/27/12 Mtg Date 9/4/12 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S The software program used to track City permits is being phased out by the vendor. An SUMMARY interdepartmental committee has made a recommendation for its replacement. This is an opportunity to significantly improve service to the public. The 2012 budget allows for starting the contracting and migration process with implementation and additional costs expected in 2013. A technology fee could cover the capital cost of the system. An interlocal purchasing agreement with eCityGov Alliance will allow us to take advantage of group discounts. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1 0/24/11,8/13/12 COMMITTEE CHAIR: SEAL, HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $175,000 2012 $150,000 2013 $0 $150,000 in 2013 Fund Source: Comments: Costs are approximate, a technology fee could pay back the investment over time MTG. DATE 11/14/11 8/27/12 MTG. DATE 11/14/11 8/27/12 9/4/12 RECORD OF COUNCIL ACTION Approved the budget amendment ATTACHMENTS Informational Memorandum dated 10/14/11 with attachments Minutes from the Community Affairs and Parks Committee meeting of 10/24/11 Informational Memorandum dated 8/7/12 with attachments Minutes from the Community Affairs and Parks Committee meeting of 8/13/12 Additional module information as requested by Community Affairs and Parks Committee. 21 22 TO: FROM: BY: DATE: SUBJECT ISSUE City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Jack Pace, DCD Director Nora Gierloff, Deputy DCD Director Brenda Holt, Permit Coordinator August 7, 2012 Permit Tracking System Replacement Recommendations The interdepartmental committee formed to research issues and options for replacement of the software program used to track City permits has recommended the CRW product Trakit. The change will require a significant investment of financial and personnel resources. BACKGROUND The City's current permit tracking system is Permits Plus by Accela. We have used this system since 1992 (when it started as a DOS -based system). It is used by Building, Planning, Public Works, Code Enforcement and Rental Housing. Fire enters their reviews of development and land use permits in Permits Plus but uses a separate system for issuing their own permits. Some enhancements that we have made since then include an automated inspection request line and automated check of permit status, inspection results, and fees via email. Accela has developed a web based permit tracking system called Accela Automation and is focusing its efforts on enhancements to that program rather than on Permits Plus. We expect that support for Permits Plus will be phased out over the next few years. Another issue is that annual maintenance fees for Permits Plus have been steadily increasing by 10% a year for a current annual fee of $45,000 and yet we receive poor technical support. There is no discount for existing customers to upgrade to Accela Automation and they are one of the most expensive systems so we decided to explore other alternatives. Tukwila formed an interdepartmental committee in March of 2011 to identify City -wide permitting needs, hear vendor presentations, find out more about why other jurisdictions have chosen their vendors and reach consensus on a recommendation to Council. A core group of representatives from DCD, IT, Public Works, Fire, Finance, and the City Clerk have regularly attended. ANALYSIS Needs Analvsis The Committee started by identifying the permitting needs and existing systems being used by different departments of the city. DCD demonstrated how Permits Plus is currently used. The Finance Department demonstrated Tyler (Eden) and how it is being used for business licenses. 23 INFORMATIONAL MEMO Page 2 Fire department gave a demonstration of Fire RMS system. There is some data that is being input into the system that may be useful for a permitting system such as occupancy type. Also, it will be helpful to have a common address database as fire department has done GIS geocoding of the addresses. However the Fire RMS system did not appear to have a GIS component or integration with Eden. Also, it was not clear if the system was capable of calculating complex permit fees. There was only one city (San Mateo) that is currently using this system for permitting other than event reporting. Reauest for Proposals Next the Committee decided to learn what we could from the experiences of other cities as they made their permit system choices. Lynnwood issued a Request for Proposal (RFP) for permitting software in April 2008 and selected the EnerGov program. A group of six cities (Bothell, Issaquah, Kirkland, Redmond, Renton and Sammamish) joined together under the eCityGov Alliance framework to issue a joint RFP for permit software systems in November 2009. David Lemenager from Renton explained the very thorough selection process and how they had conducted in -depth demonstrations and due diligence research with seven vendors. The Committee concluded that the RFP had required all of the information Tukwila would need to make our decision. The Alliance designed the RFP to allow other cities to join it later and receive the same terms as they had negotiated with the vendors. Pricing, including the negotiated group discount, is guaranteed for three years from the first executed contract in 2010. The Committee decided that joining the existing RFP would be faster, more efficient and less costly than issuing our own RFP. Relative Costs Of the cities who participated in the eCityGov process Tukwila is most similar to Sammamish with 20 simultaneous system users and Bothell with 30. While Tukwila will choose different options than the ones specified in the vendor price estimates the bids are useful for determining relative costs between vendors. The bids in order of decreasing cost were: Infor Hansen Automation Accela EnerGov GovPartner Trakit CRW Systems Tyler Eden The Committee eliminated Hansen and Accela from consideration because their bids were over three times the cost of each of the three lowest priced vendors. They also have high ongoing maintenance costs. EnerGov was the mid priced quote and five of the Alliance cities chose this vendor as the best match for their needs. However after watching the earlier adopting cities struggle with implementation issues Sammamish recently signed a contract with CRW that was 15% less expensive than the contract they had negotiated with EnerGov. After a three year migration process Lynnwood went live with EnerGov in 2011 but they are still having significant issues. The consensus of the eCityGov group was that GovPartner did not have the full functionality they needed. 24 INFORMATIONAL MEMO Page 3 Software Demonstrations The Tukwila Committee then met with Issaquah to learn why they chose CRW instead of EnerGov. Their Building Official said that it meets their needs well for half the cost of EnerGov. The Committee members then visited Mercer Island who has used CRW for a number of years and also offers online permitting. The committee also met with Sammamish and SeaTac. SeaTac went live with CRW in April 2012 and was generally pleased with the speed of the process and CRW's technical support. In addition Marysville, Mill Creek, Auburn, Maple Valley and Everett also use CRW's Trakit. A CRW business representative came to Tukwila last August and again this July to give a detailed presentation about the program's capabilities to the Committee. Staff made a site visit to Puyallup to see Tyler and spoke with staff from Bonney Lake who also use that system. While they were satisfied with the program it seemed to require a lot of work- arounds to meet their needs. At first it appeared that choosing Tyler would make for an easier integration with our Eden financial system but after talking with other cities any of the permit systems can interface with the Eden database. CRW has developed an Eden integration -batch script that exports the needed financial information on a nightly basis. Issaquah is a recent example of integration between CRW permitting and Eden financial programs. Vendor Choice Based on the material in the eCityGov Alliance RFP and the additional research performed by the Tukwila Committee the staff recommendation is to pursue a contract with CRW for the Trakit product. Costs Unlike our current system Trakit is comprised of a series of linked modules. Cities may purchase only those required for their business needs. Core Modules: $40,000 Licensing for 20 concurrent users 7,500 PermitTrak Development Permit Processing 7,500 ProjectTrak Land Use Permit Processing $10,000 Standard GIS integration $10,000 IVR Phone access to system to allow the public to schedule inspections and check status No Fee LandTrak Property Data and GIS interface Electronic Permitting: $15,000 eTrakit Online portal for the public to submit permits, check status and schedule inspections $30,000 eMarkup Electronic plan review program, allows for commenting on plans and comparison between submittals Other: $10,000 Laptop Sync Wireless access to Traklt for inspectors in the field on their iPads 7,500 Code Trak Code enforcement module 5,000 Laserfiche integration 25 INFORMATIONAL MEMO Page 4 The current quote from CRW, valid through October 5, 2012, gives the following total cost including all of the above modules: Investment Cost Summary A. Software Licensing B. Implementation Project Management C. Data Conversion D. Training E. Travel Expenses F. Customizations G. Discounts Purchase Cost Yearly Maintenance $142,500 83,250 15,500 31,500 19,500 13,000 (15,000) Proposed System and Implementation Cost $290,250 $33,000 In addition to these direct costs the full system would also require the following software and hardware upgrades: Increased Data Storage Capacity, future need 14,710 $2,500 ArcGIS Server to support GIS functionality 17,372 $5,000 Larger Monitors for ePlan review 1,500 Credit Card Swiper /Auto Populate (optional) 5,000 Routine to pull contractor info from Eden (optional)$ 2,500 Total Capital Cost including sales tax: $365,500 In order to begin work in 2012 the Council made a budget amendment of $175,000. We have an additional $50,000 in savings from forgoing Permits Plus maintenance this year as we move to the new system. DCD's budget request for 2013 includes $150,000 in remaining costs for data migration, training, hardware and maintenance for a total of $375,000. Other Modules CRW offers the following modules which we have not included in our recommended package: Citizen response module. This could be helpful in tracking Council follow up items and complaints to PW regarding potholes and damaged signs. However it is a significant cost at $10,000 with $2,000 annual maintenance that we cannot recoup through user fees. We have existing systems in place to track these items. Business licensing. Over the past few years the Finance Department has worked to implement business licensing on their Eden financial program. They do not want to switch to the CRW product at this time. The module costs $7,500 with an annual maintenance fee of $1,500. Cost Reduction Options Options for reducing the total implementation costs include eliminating or postponing purchase of some modules. The most significant savings would be to eliminate eMarkup and limit electronic permitting to only include over the counter permits such as electrical permits and residential mechanical and plumbing. As these do not require plan review we would not need the eMarkup module, larger monitors or additional storage capacity. On average these permit types make up 65% of our permit volumes. This would lower purchase costs by approximately $59,000 and annual maintenance by $6,000. However electronic plan submittal is the feature INFORMATIONAL MEMO Page 5 that would have the greatest impact on our customer service and will become a customer expectation in the future. Process Improvement At the beginning of the year staff from different departments began meeting to discuss ways to streamline our current processes and data collection before locking them in with a new permit system. Updating to a new permit system provided an opportunity to look at our processes and make improvements as necessary. They have made the following improvements: A representative from the building, planning, fire, and public works departments reviewed the building department permit handouts and made adjustments as necessary. They then reviewed the land use application and submittal requirements and again made the necessary adjustments. The Public Works and Fire department handouts will also be reviewed, with the necessary adjustments being made. We are in the process of evaluating what processes work; and what processes are inefficient and redundant and how we can improve them. For example one of items that will be helpful is to have one master address list for city wide use. As we conclude this process we intend to have a list of things that are working and items that need to be addressed to make the city's permit process more efficient for the customers and staff. Several cities who have recently moved to new permit systems recommended the use of a consultant to negotiate the contract with the software vendor. Making sure that the City's needs for customization in permit processes, reports and permit documents are documented in the contract and included in the price can prevent costly overruns during implementation. Staff recommends using Soft Resources to assist with our contract negotiations with CRW. Financing Options Given the significant investment required to upgrade to a new permit system many cities are imposing technology user fees. Fees are assessed as either a flat fee, fee per sheet or percentage that ranges from 1.3% to 5 see Attachment A. The Master Builders have written a letter in support of city technology fees if they are used to provide better service and in our informal discussions with applicants many think the efficiencies of electronic permit review would be worth a modest fee increase. The intent of a proposed technology fee would be cost recovery for this and future upgrades. It would be applied to all permits that are processed through our tracking systems (except fire department licenses, and rental housing). However, it would apply to the "Permit" fee only, excluding the plan review fee, mailing fees, state building code fee, impact fees, Cascade Water Alliance Fee and any other water or sewer assessments. For hourly land use permits it would be assessed once on the retainer and not added to any additional hours that may accrue during permit review. A chart of the amount Tukwila would have collected from different fee structures is included as Attachment B. It appears that over time we could recover the capital expenses associated with a permit tracking system that allowed for limited or full online permit submittal with a fee in line with that charged by other jurisdictions in our area. The payback period would depend on future permit volumes and the fee level. It would be most equitable to only charge the fee once the upgrade was in place. Prior to go live with the new system staff will return to Council with a technology fee proposal based on the final implementation costs. The technology fee level that we choose will determine 27 INFORMATIONAL MEMO Page 6 the payback period. One issue is that greater use of credit cards due to online permit submittal will erode the revenues from the technology fee. The policy decision of whether the City should absorb or pass on the additional costs associated with accepting credit cards should be made city -wide. Timing Staff suggests the following time frame for replacing our permit system: 2011 Started reviewing our permit processes to increase efficiency and prepare for electronic permitting Began researching vendors and gathering information 2012 Select a permit software vendor Adopt an interlocal agreement to join the eCityGov Alliance RFP Select and contract with a consultant to assist with negotiating the software contract Negotiate a contract for the permit software Start migration and customization which will extend into 2013. 2013 Go live with permit system and electronic permitting Adopt a financing mechanism RECOMMENDATION Staff recommends that the Committee forward this to the August 27 Committee of the Whole and September 4th Regular meeting for the following actions: 1. Approve or modify the recommended Trakit system configuration. 2. Adopt the interlocal purchasing agreement with the eCityGov Alliance (Attachment C) to allow us to take advantage of the group pricing that they negotiated. 3. Provide for the remainder of the project financing in the 2013 -2014 budget. ATTACHMENTS A. Technology Fee Survey B. Potential Technology Fee Revenue C. Interlocal Purchasing Agreement with eCityGov Alliance Attachment A Jurisdiction City of Auburn City of Bellingham City of Black Diamond City of Bonney Lake City of Bothell City of Burien City of Covington City of Des Moines City of Federal Way City of Issaquah City of Kent City of Kirkland City of Lynnwood City of Maple Valley City of Mercer Island City of Puyallup City of Redmond City of Renton City of Sammamish City of SeaTac City of Tacoma f ee aRa rtments Permit +Svstem c tatu CRW Traklt Accela Bitco 4.00 Eden /Tyler Technology Live since 2002 building, planning, 5% public works, fire EnerGov Live in 2011 CityView Live appox 10 yrs building, planning, fire, 38.00 licenses Accela 25.00 building Bitco building, planning, 6.00 public works. fire Amanda building, planning, 1.3% public works, fire CRW Traklt Live in 2011 building, planning, 3% public works, fire Accela building, planning, 1.3% public works, fire EnerGov Live in 2012 EnerGov Live in 2012 CRW Traklt building, planning, $2 per sheel public works, fire CRW Traklt Live since 1999 Eden /Tyler Technologies Live since 2009 building, planning, Migrating from Accela to 3% public works, fire EnerGov building, planning, Migrating from Accela to 3% public works, fire EnerGov Migrating from Accela to CRW Traklt CRW Traklt Live in 2012 building, planning, 5% public works Z: \PermitSystemCommittee\Surveys of other cities \Technology Fee Survey.x!sx Updated 08/072012 29 30 attachment b technology fee comparison 32 Attachment C INTERLOCAL JOINT PURCHASING AGREEMENT This agreement is made this 7! 4 day of A "tki! 4 2012, between eCityGov Alliance (the "Alliance an interlocal government agency, and the City of Tukwila (the "City a municipal corporation organized under the laws of the State of Washington. WHEREAS, the Alliance issued a Request for Proposal #09 -003 (the "RFP to assist Alliance members and subscribers in identifying qualified vendors that can offer permitting software solution for the City of Tukwila; and WHEREAS, the Alliance coordinated the Regional Permit System RFP to improve service to constituents by making services and information available online, to reduce member cost for providing these services, and to enhance service delivery; and WHEREAS, the RFP requires the vendors to guarantee discounts to future subscribers who enter into interlocal joint purchasing agreements with the Alliance per sections 4.2 and 23.1; and WHEREAS, the City desires to take advantage of the proposals submitted under the RFP as a future subscriber; and WHEREAS, the parties enter into this Agreement pursuant to Chapter 3 9.3 4 RCW; NOW THEREFORE, it is agreed as follows: 1. Purrnose. The purpose of this Agreement is to allow the City to share in the price proposals submitted to the Alliance per RFP #09 -003 and incorporated by this reference. Such proposals guaranteed extension to future subscribers. 2. Financing. No special budget or funds are anticipated or created. Additionally, there shall be no acquisition, holding, or disposal of real or personal property other than as specifically provided within the terms of this Agreement. 3. Administration. No separate legal entity is created to administer this Agreement. This Agreement shall be administered by the Brenda Holt, Permit Coordinator for the City of Tukwila. 4. The City's Responsibilities. The City of Tukwila shall evaluate on its own (and based on its own needs) proposals received in response to the Alliance's RFP and shall, if, in its sole judgment, it deems a proposal acceptable, enter into its own contract with the vendor(s). 5. The Alliance's Responsibilities. The Alliance shall extend the proposals received pursuant to the RFP to the City. The Alliance accepts no responsibility or liability for the performance of any vendor used by the City of Tukwila as a result of this Agreement. The Alliance and the other participating cities do not accent any 33 responsibility for agreements, contracts or purchase orders issued by the City of Tukwila to a Vendor. Each party accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the party. The Alliance and the participating vendors accept no responsibility for the performance of the Vendor in providing goods and /or services to the City, nor any responsibility for the payment price to the Vendor for City purchases. 6. Duration. This Agreement shall be effective as of the date of signature by both parties and shall remain in effect unless terminated as provided. This Agreement may be terminated by either party on ten (10) days advance written notice. 7. Filing. Executed copies of this Agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this Agreement becoming effective. 8. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila Attn: Brenda Holt, Permit Coordinator 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Notice to the Alliance shall be sent to the following address: eCityGov Alliance Attn: John Backman, Executive Director PO Box 90012 Bellevue, WA 98009 -9012 9. Indemnification. Each party agrees to hold harmless the other party from all claims, suits, actions, judgments and /or liens arising from each party's respective negligent acts or omissions. Each party shall be responsible for claims and/or damages to persons and/or property resulting from the negligence on the part of itself and its officers, employees and agents. If the City purchases items from a vendor pursuant to a proposal received from the RFP, the City shall have the duty and responsibility to enforce and defend its own rights and responsibilities against the vendor. 10. Entire Agreement; Amendments. This Agreement contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Agreement. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Agreement. 34 11. Choice of Law: Venue. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any term of this agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. 12. Severabilitv. The provisions of this agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this agreement, or the validity of its application to other persons or circumstances. Accepted for the City of Tukwila By Jim Haggerton Mayor Date Accepted for the eCityGov Alliance B y� John Backman Executive Director Date Z- 35 36 CRM TRAK Citizen Response Management Module Tools needed to quickly capture and manage citizen issues are organized through CRM TRAK. Workflow activity tracking is designed with built -in processing and workflow features to help users resolve various issues presented by their citizens. Information regarding the CRM record is available from a single screen. y t..z€9: fmY,d'u� aeu' <�an'3� *4`9 "39Y 0 oa 1 U L.F 2 0 oa 1 U L.F l ,.I..i t a t 4..t 011t, TRAI( T City of Tukwila, WA i �St'1 �ic�— Y- 1— Network Partner August 2012 37 CRM TRAK GIS Integration Spatial Geographical View of Information TRAKiT leverages your agency's GIS to enable users to visually search the map for CRIVI activity and display results in reports. Included with TRAKiT's GIS functions are enhanced user controls, allowing users to view related records associated with the parcel, create issues directly from the map, and even run a query to illustrate the results. Ql `1a1 City of Tukwila, WA August 2012 CRM TRAK eTRAKIT Integration Citizen Online Access Integrated with eTRAKiT, CRIVI TRAK provides 24/7 online access to allow citizens to report issues or easily obtain the status of previously reported issues without the need for them to visit the City or call in to obtain details. wxe j"" A d A u 7 j 1 V V V A i-� j u 'j Repo A Probleiii Your issue has been submitted. Issue Number is CRI-11208-0002, 011t TRAI( City of Tukwila, WA i T* esri Microsoft Y- Network Partner August 2012 39 CRM TRAK eTRAKIT Integration 0 A A j V'd 0 N 11'1, El 011t TRAI( City of Tukwila, WA iT*esri Microsoft 40 r m' —"p Y- 1— Network Partner August 2012 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 13, 2012 S: 00 p.m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Verna Seal (sitting in for Allan Ekberg) Staff. Nora Gierloff, Minnie Dhaliwal, David Cline and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 4:57 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Permit Tracking System Replacement Staff is seeking Council approval to enter into an interlocal purchasing agreement with eCityGov Alliance in order for the City of Tukwila to receive a guaranteed discount with CRW Systems for purchase of the TRAKiT computerized permit tracking system. Council was informed of this replacement need in 2011 (see Community Affairs Parks Committee minutes dated October 24, 2011). In summary, an interdepartmental committee has assessed permitting software options, and unanimously recommends the purchase of TRAKiT by CRW Systems. Total software and capital costs are estimated to be $365,500 (discounted eCitygov Alliance price) with an annual maintenance fee of approximately $40,500. Staff reviewed the components of the software and recommended modules for purchase. Staff is not recommending moving forward with the purchase of the Citizen Response or Business Licensing modules at this time. Committee Members felt that the Council may be interested in the Citizen Response module, and requested that staff provide additional information regarding this module at the August 27 COW. This module will add approximately $10,000 to the purchase price and $2,000 to the annual maintenance fee. Pending Council approval of this interlocal purchasing agreement, and subsequent negotiations CRW Systems, staff will return to Committee with a draft purchase contract for review and approval. Additionally, future discussions will ensue regarding the potential assessment of a technology fee to each permit application in order to pay for the new system making this purchase revenue neutral after a set payback period. UNANIMOUS APPROVAL WITH COUNCIL CONSIDERATION OF CITIZEN RESPONSE MODULE. FORWARD TO AUGUST 27 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:24 p.m. Next meeting: Monday, August 27, 2012 5:00 p.m. Conference Room #3 Committee Chair Approval Minut�by K�i70. L 42 COUNCIL AGENDA SYNOPSIS CAS NUMBI AGENDA ITEM TITLE Initials Meeting Date Prepared by 1 „l May�cs review 08/27/12 I B Ah'!I 6,/ 09/04/12 I BG ITEM INFORMATION STAhr SPONSOR: BOB GIBERSON Council review ITEM NO. 3.C. ORIGINAL AGENDA DATE: 08/27/12 Tukwila Urban Center Transit Center Consultant Supplemental Agreement No. 15 with IBI Group CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other A1tg Date 08127112 Mt g Date 09/04/12 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council ❑Mayor Adm Svcs DCD Finance Fire Legal PAR ❑Police ®1'W SPONSOR'S This supplemental agreement provides funding for additional design regarding recently SUMMARY discovered utility conflict complications and additional right -of -way acquisition services Council is being asked to approve Supplemental Agreement No. 15 in the amount of $65,970.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/20/12 COMMITTEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works CoMMrrrrE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDr uRE REQUIRI -D AMOUNT BUDGETED APPROPRIATION REQUIRED $65,970.00 $65,970.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 19, PROPOSED 2013 CIP) Comments: move $17,649.00 from construction budget to design MTG. DATE 08/27/12 09/04/12 MTG. DATE 08/27/12 09/04/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated August 17, 2012 Page 19, Proposed 2013 CIP Supplemental Agreement No. 15 with IBI Group Minutes from the Transportation Committee meeting of 08/20/12 43 M City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director. BY: Cyndy Knighton, Senior Engineer DATE: August 17, 2012 SUBJECT: Tukwila Urban Center Transit Center Project No. 90610402, Contract No. 06 -019 Supplemental Agreement No. 15 ISSUE Approve Supplement No. 15 to Contract No. 06 -019 with the IBI Group for the combined Tukwila Urban Center Transit Center and Andover Park W design contract. BACKGROUND In November 2011, the City modified the agreement with IBI Group to complete the design of the Tukwila Urban Center Transit Center project. Earlier, design work for Transit Center was combined with the design work for the Andover Park W Road Widening and Water Main Replacement projects. Design on all projects is currently at 75% with 90% design expected by early September. The supplemental agreements are presented separately to aid in the ease of billing and tracking expenditures by project. DISCUSSION Supplement No. 15 adds new scope and fee associated with final design and PS &E for the Tukwila Urban Center Transit Center project. As the design of the Transit Center project progressed and more information was known, it became apparent that more complex utility conflicts exist than was originally anticipated. Extensive potholing of existing utilities is necessary to avoid future construction problems, which is followed by some minor re- design to avoid or mitigate extensive conflicts. Right -of -way acquisition has also become more complex, which has necessitated additional surveyor and acquisition agent work. This project requires a mix of R.O.W. acquisition, permanent easement acquisition, temporary construction easement acquisition, and obtaining rights -of- entry. Fiscal Impact: Supplement No. 15 includes $48,321.00 for work associated with land acquisition and R.O.W. is budgeted with $1,259,000.00 in the CIP. The remaining $17,649.00 will come from the construction budget as pre -award work to avoid more significant construction impacts in the future. RECOMMENDATION Approve Supplement No. 15 to Contract No. 06 -019 with the IBI Group for the TUC Transit Center in the amount of $65,970.00 and consider this item at the August 27, 2012 Committee of the Whole and subsequent September 4, 2012 Regular meeting. Attachments: CIP Sheet Supplemental Agreement No. 15 WAPW Eng \PROJECTS\A- RW RS Projects \Transit Center (90610402) \Design \INFO MEMO Supp #15 181 Transit Center Design 8- 17- 12.docx 45 :M CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Tukwila Urban Center Transit Center Project No. 90610402 DESCRIPTION: Design and construct a Transit Center for the Tukwila Urban Center (TUC). High transit ridership and bus operations warrant conversion of the existing bu n d r West JUSTIFICATION: to a Transit Center. The current facilities are inadequate in size and I to e cations and transit riders. City policy encourages the use of transit, and mitigatio and Ong supply decisions have been made based upon the expected improvem to i STATUS: Design completed in 2012. Construction to begin in n ai onal by 9/28/13 to coincide with the new F -Line Rapid Ride. MAINT. IMPACT: Minimal to moderate, depends on final maintenance agreement with King County Metro. TOD grant of $468k with mitigation from Westfield S/C Mall of $500k for parking variance. WSDOT Regional COMMENT: Mobility Grant of $4.7m with $3.9m in 2011 -2013 and $835k in 2013 -2015 with a required match of 20% that can include past expenditures, other grants, and ROW value of land dedicated by Westfield. FINANCIAL Through Estimated (in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Design 411 656 Land (R/W) 347 912 Const. Mgmt. 100 450 Construction 482 4,182 TOTAL EXPENSES 758 2,150 4,632 FUND SOURCES Awarded TOD Grant 127 341 Awarded Mob Grant 600 4,135 Mitigation Actual 500 ROW Donation 343 City Oper. Revenue (212) 1,209 497 TOTAL SOURCES 758 2,150 4,632 Project Location 2013 2018 Capital Improvement Program 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 19 0 0 0 GIS 1,067 1,259 550 4,664 7,540 468 4,735 500 343 1,494 7,540 47 p0 SUPPLEMENTAL AGREEMENT NUMBER 15 TO CONSULTANT AGREEMENT NUMBER 06 -019 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and IBI Groun, hereinafter referred to as "the Consultant', in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, February 23. 2006 and identified as Agreement No. 06 -019. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include work described in Attachment A for additional design work on the Tukwila Transit Center Project. 2. Payment, shall be amended as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "C" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $65,970 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $1,600,822. DATED this day of 20 CITY OF TUKWILA Jim Haggerton, Mayor CONSULTANT By: Printed Name: Title: 50 1LA, �•�,9 1908 City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES mmm� IBI GROUP 51 |o| GROUP SCOPE opWORK (AB.-E OF CONTEN S PHASE 3: FINAL DESIGN —ADDITIONAL SERVICES 1 TASK 3. ROW 1 TASK 7. Constm~dnnD0cumontp 3 TASK 8:: Co-4 Estimates (6V)6 and 1OVY. 5 SCHEDULEAND FEE S August 10, 2012 Page i. IBI GROUP SCOPE OF WORK City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES PHASE 3: FINAL DESIGN ADDITIONAL SERVICES The ROW Acquisition scope of work has been expanded to provide additional services under the Phase 3, Task 3: Right of Way Acquisitions work. This additional scope was identified by the City and consultants during an acquisitions status review and next steps meeting held in June 2012. TASK 3. ROW Acquisition The objective of this task is to assist the City with ROW and easement acquisitions. Work to be performed includes the preparation of legal documents detailing the ROW acquisition necessary along Andover Park West to accommodate the new Transit Center, assist with purchase offers, and negotiate final agreements. The general approach will be as follows: Obtain a Temporary Construction Easement (TCE). TCEs will be utilized for building the transit center, and any rework of private utilities and providing an area for temporary sidewalks during construction. When compensation for TCEs is required, an appraisal of the property and an appraisal review will be performed. Right of way plans will show the TCEs and legal descriptions prepared. Obtain a Permanent Easement or Fee Simple (ROW) Take. Permanent easement or Fee Simple takes will be utilized for the transit stops. The compensation for this type of restrictive easement will likely cost the same as a fee simple acquisition.. The southbound stop will require a permanent transit easement, a fee simple take will be pursued for the northbound transit stop. Obtain a Right of Entry. A Right of Entry will be required at the Firestone sight to complete restoration of the site after demolition of the canopy, restoration will include paving and striping of parking spots. Universal Field Services (UFS) has been engaged as a sub consultant to IBI Group to perform the acquisition work. Allen Brackett Shedd will perform the appraisals and Granger Company, a WSDOT approved Review Appraiser will prepare the Appraisal Review reports. IBI will continue to manage these sub consultants throughout the ROW acquisitions process. ASSUMPTIONS The following work will be performed by IBI Group and its sub consultants. All forms and conveyance documents will be based on WSDOT templates. UFS will coordinate with Granger Company for both the Southbound stop permanent easement and the Northbound stop right of way assessments as well as the Temporary Construction Easements that will be compensable. There are no relocations for this project. No sign relocations will be required for this project. All utilities easements, permits, and clearing will be handled by the City. Commercial parcels typically have multiple parties in interest. All parties in interest will be addressed in clearing title. August 10, 2012 IBI GROUP 53 IBI GROUPSCOPE OF WORK City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES The City will record all documents and will pay property owners and /or lien holders /encumbrances for any property or property rights acquired for this project. UFS will provide certification prep and review. Right of Entry required for construction work at the Firestone site is covered under the previous scope of work for the Transit Center Phase 4: Final Design. The documents for the TCEs at Open Frame and Westfield will assume a parking impact and will be compensable. No Parking Impact Study is planned at this time. Additional fees will be negotiated with the City if a Parking Impact Study is required. WORK ACTIVITIES State and /or federal funds are involved in this project requiring strict adherence to Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments, 49CFR Part 24, and state Revised Statutes. Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual. 3.4. Temporary Construction Easements and Right of Entry The following parcels, which are all commercially zoned properties, will require TCEs as follows: Parcel 0223100010 (Property Owner: Open Frame; Property Tenant: California Pizza Kitchen) this site will require two TCEs: 1) for the construction of the transit center stop and will impact parking and 2) for the construction of the improved plaza with redesigned landscaping elements that include an extension of the Owner's irrigation system. The TCEs prepared during Phase 4, will be updated to reflect revised footprints and impacted areas. The appraisal and review appraisal will be updated to reflect these changes. Parcel 9202470010 "Parcel A" (Property Owner: Westfield; Property Tenant: Southcenter Mall) this site will require one TCE for the construction of the transit center stop and will impact parking. The TCE prepared during Phase 4, will be updated to reflect revised footprints and impacted areas. The appraisal and review appraisal will be updated to reflect these changes. Parcel 9202470010 "Parcel G" (Property Owner: Westfield; Property Tenant: Firestone) this site will require one TCE for the construction of the transit center stop and will impact parking. The TCE prepared during Phase 4, will be updated to reflect revised footprints and impacted areas. The appraisal and review appraisal will be updated to reflect these changes. Parcel 9201470010 "Parcel G" (Property Owner: Westfield; Property Tenant: Firestone) this site will require one ROE for the restoration of the Firestone site after demolition of the existing canopy. The ROE will include paving and parking stall striping. 3.5. Permanent Transit Easement The City has provided additional documentation and agreements that were prepared in 1991 and 2005 that require dedication of easements for the existing southbound transit stop, existing signal infrastructure and sidewalks. In order to capture the required land to construct the Southbound M A August 10, 2012 Page 2 IBI GROUPSCOPE OF WORK City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES Transit Center stop, the legal description, ROW plan and appraisal prepared during Phase 4 will be updated to reflect the property previously required to be dedicated to the City. Some additional dedication may be required for the new southbound transit stop beyond the current transit easement. UFS will negotiate this easement with the property owner at Parcel #9202470010 "Parcel A and G" (Property Owner: Westfield; Property Tenant: Southcenter Mall). 3.6. Right of Way Plans and Easement Updates PACE The right of way plans will be revised to accurately show the previously required easement dedications and any additional easement requirements for each parcel. Additional survey work will be required for the appraisals to paint and stake the proposed permanent easements, fee simple takes and temporary construction easements. 3.7. Acquisitions Oversight Due to the critical path nature of the acquisitions, IBI will lead the oversight of the acquisition process to ensure acquisitions move forward at the rate required to meet overall project schedule requirements. Weekly status calls with UFS will be held with updates forwarded to the City on a biweekly basis unless a critical path issue is identified, in which case the City would be notified immediately. DELIVARABLES Updated Right of Way Acquisition Table (PACE) Updated Right of Way Plans (PACE) Legal documents for property acquisition (PACE) Bi- Weekly status reports (UFS /IBI) Documents required to clear any liens or encumbrances (UFS) A complete record including all files will be provided at the close of negotiations (UFS) rASK 7. Construction Documents During the design process, some issues and conflicts have been identified and affect the ability of the team to complete a draft 100% package for City review. Additional services to address these issues /conflicts have been identified and are detailed below. 7.2 100% Design In order to complete the final 100% bid -ready set of plans and specifications, additional work to resolve discovered issues or conflicts have been identified. The identified additional work will be included in the draft 100% set submitted to the City in order to ensure a complete review is made possible. These issues have impacted the project schedule. A revised schedule will be prepared and submitted to the City for their review and comment to reflect these additional services. 7.2.1 Civil 7.2.1.1. PSE Vault Rebuild Southbound and Northbound Transit Stops: The existing PSE vault located at the south end of the southbound transit stop will be rebuilt to eliminate the conflict with the expansion of the August 10, 2012 Page 3 55 IBI GROUPSCOPE OF WORK City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES southbound transit stop. The existing PSE vault located north of the mall's entrance on Andover Park West will also be rebuilt to eliminate the conflict with the widening of Andover Park West for the Northbound Transit stop. The design and construction work will be performed by PSE. The consultant will incorporate into the 100% design documents changes to the grading and pavement design to reflect this revised vault rebuild by PSE and the coordination with PSE on the design. 7.2.1.2. PSE Vault Relocation: The existing above ground PSE switches in the plaza area of the southbound transit stop will be relocated to improve pedestrian circulation through the plaza and stop. The consultant will incorporate into the 100% design documents a revised design for the plaza area that incorporates the clearance requirements for the above ground switches as well as the PSE design for the layout of the new underground vaults. This will include coordination with PSE on the design requirements for the switches and vaults. 7.2.2 Landscape Architecture 7.2.2.1. PSE Vault Rebuild Southbound and Northbound Transit Stops: The consultant will incorporate into the 100% design documents and updated landscape design to reflect the impacts of the PSE vault rebuild and transit extension. 7.2.2.2. PSE Vault Relocation: The consultant will incorporate into the 100% design documents an updated landscape design that reflects the new trellis design and the revisions to the plaza elements. 7.2.3 Urban Design /Architectural Design 7.2.3.1. PSE Vault Rebuild Southbound and Northbound Transit Stops: The consultant will incorporate into the 100% design documents a reconfigured southbound stop layout for the King County Metro requested extension. Sidewalk layout and transit stop elements will be updated. 7.2.3.2. PSE Vault Relocation: The consultant will incorporate into the 100% design documents a reconfigured southbound pedestrian plaza design for the Southbound Transit Center stop to reflect moving the PSE vaults from curbside to the back of the plaza adjacent to the Southcenter mall parking lot. This will require design of a new unique trellis structure to accommodate the PSE clearance requirements around the switches and vaults, as well as reconfiguration of the plaza elements. 7.2.5 Structural PSE Vault Relocation: The consultant will incorporate into the 100% design documents a reconfigured foundation design to support the new trellis design. 7.2.8 Geotechnical The consultant will develop up to four specifications sections to include Handling and Disposal of PCB containing Materials, Handling and Disposal of Lead coated Materials, Unknown Hazardous and Contaminated Substances, and Health and Safety. This work effort will also include review of civil drawings to verify that references to HBMS and /or Phase II ESA are included. W August 10, 2012 Page 4 IBI GROUPSCOPE OF WORK City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES 7.3 Potholing Several potential utilities conflicts for the Transit Center design have been identified. In order to resolve these conflicts, potholing at locations approved by the City, is required in order to complete the design and mitigate utility impacts during construction. KPFF. will review the potholing results and update the civil plans to reflect the utility location information received. PACE will hire a potholing subcontractor to perform the field work and coordinate and manage the effort. Traffic control plans and any permits required to complete the work are included. PACE will update the survey plans with the updated utility information and provide an updated base plan to the design team for incorporation. DELIVERABLES Draft 100% Design Plans, Specifications and Bid items submittal for the disciplines identified above will incorporate these additional scope items TASK b Cost ate Because of the additional design work identified above, the 100% submittal will be expanded to include additional cost estimate items not included in the previous scope. ASSUMPTIONS Information will be prepared in WSDOT format for Unit Cost bidding WORK ACTIVITIES 8.2 100% Cost Estimating 8.2.1 The Consultant will update the 100% cost estimate to include geotechnical elements to support the removal of PCB- and lead- containing materials and the additional design change identified above.. SCHEDULE AND FEE Phase 3 and Phase 4 Additional Services work will begin upon approval by the City. Phase 5 Bid and Construction Support as defined in the Phase 4 Scope of Work dated November 11, 2011 will be refined during this time and finalized with the City prior to the development of a fee proposal. In order to meet strict City budgeting requirements, this work will be split into two discrete budgets. These efforts will be shown clearly on invoicing under the correct City budget line items. In addition, this section will identify the completed tasks from Phase 3 for which the budget will be moved forward to cover some of the cost of additional services. Previous acquisitions sub consultant CERTIFIED Land Services is no longer under contract for this work, so the remaining budget previous approved for their work has also been identified. The fee for the project has been prepared for the tasks outlined in this document for Phase 3 and 4 Additional Services. The estimated fee for the work is summarized below: Phase 3 Tukwila Transit Center: ROW Acquisition Add'I Services $48,321 August 10, 2012 Page 5 57 IBI GROUPSCOPE OF WORK City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES The value for all identified additional services for acquisitions work totals $55,957. The value remaining under the previous approved acquisitions scope totals $7,636. The value shown above for additional services has been reduced by the previous approved total value remaining. Phase 4 Tukwila Transit Center: Additional Services $5,530 Phase 3: Final Design Services Task 2: Design Report Update has been completed, and the budget remaining for this effort is being moved forward to the current phase. The remaining value for this task totals $40,538. The value for additional services totals $46,068 and is shown above reduced by the previously approved budget remaining for completed Task 2. Phase 4 Tukwila Transit Center: Potholing $12,119 This includes the cost for the potholing sub consultant contracted by PACE and design fees related to the changes in the updated basemaps. 4. August 10, 2012 Page 6 IBI GROUPSCOPE OF WORK FEE SUMMARY August 10, 2012 City of Tukwila TUKWILA TRANSIT CENTER FINAL DESIGN PHASES 3 AND 4 ADDITIONAL SERVICES IBI GROUP W, tukwila transit center final design phases 3 and 4 street improvement budget ibi group TRANSPORTATION COMMITTEE Meeting Minutes August 20, 2012 5:15 p.m. Conference Room 41 Citv of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte and Robin Tischmak Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. WSDOT Regional Mobilitv Grant: TUC Pedestrian/Bicvcle Bridge Staff is seeking Committee approval to apply for the Washington State Department of Transportation WSDOT) Regional Mobility Grant for right -of -way and construction phases of the Tukwila Urban Center Pedestrian/Bicycle Bridge project. The total grant request would be in the amount of $6,870,000, and requires a minimum 20% City match. The Committee discussed concerns regarding the amount of City matching funds for the grant, and the amount of effort required to calculate the Vehicel Mile Travel (VMT) and Vehicel Time (VT) reduction calculations. Without concerns this application would usually be approved for submission by the Committee; however, the Committee would like to move this forward to full Council for discussion due to the concerns above. FORWARD TO AUGUST 27 COW FOR DISCUSSION. B. TUC Transit Center SUnplemental Agreement No. 15 Staff is seeking Council approval for the Supplemental Agreement No. 15 with IBI Group for a new scope and fee that addresses additional utility conflict resolution potholing, minor re- design for conflict resolution, additional right -of -way acquisition services and additional survey work for the Transit Center in the amount of $65,970. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. C. Andover Park West Street Widening Supnlemental Agreement No. 16 Staff is seeking Council approval for the Supplemental Agreement No. 16 with IBI Group for a new scope and fee that addresses additional utility conflict resolution potholing, minor re- design for conflict resolution, additional right -of -way acquisition services and additional survey work for the Andover Park West Street Widening in the amount of $86,450. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. III. SCATBd No discussion held. INFORMATION ONLY. IV. MISCELLANEOUS Committee Chair Ekberg mentioned that the brush in the median on northbound SR -599 just north of the bridge over I -5 appears to be a hindrance to the sight distance for northbound vehicles. Bob Giberson will forward this on to the WSDOT maintenance office for review and response. 61 62 COUNCIL AGENDA SYNOPSIS CAS NUMBER: AGENDA ITEM TITLE Initials Meeting Date Prepared by Ma or's review 08/27/12 BG 09/04/12 BG ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON Council review v &44 ITEMNO. 3.D. ORIGINAL, AGENDA DATE: 08/27/12 Andover Park West Street Improvements Consultant Supplemental Agreement No. 16 with IBI Group CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mt g Date 08/27/12 Mtg Date 09/04/12 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council ❑Mayor Adm Svcs DCD .Finance .Fire Legal E] PAR E] Police ®PTdI SPONSOR'S This supplemental agreement provides funding for additional design regarding recently SUMMARY discovered utility conflict complications and additional right -of -way acquisition services Council is being asked to approve Supplemental Agreement No. 16 in the amount of $86,450.00. REVIEWED BY COW Mtg. CA &P Cmte F &.S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/20/12 COMMITTEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIrrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $86,450.00. $86,450.00. $0.00 Fund Source: 104 ARTERIAL STREET FUND(PAGE 20 PROPOSED 2013 CIP) Comments: move $45, 927.00 from construction budget to design MTG. DATE 08/27/12 09/04/12 MTG. DATE 08/27/12 09/04/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated August 17, 2012 Page 20, Proposed 2013 CIP Supplemental Agreement No. 16 with IBI Group Minutes from the Transportation Committee meeting of 08/20/12 63 p City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Cyndy Knighton, Senior Engineer DATE: August 17, 2012 SUBJECT: Andover Park West Street Widening Project No. 98810404, Contract No. 06 -019 Supplemental Agreement No. 16 ISSUE Approve Supplement No. 16 to Contract No. 06 -019 with the IBI Group for the combined Tukwila Urban Center Transit Center and Andover Park West design contract. BACKGROUND In November 2011, the City modified the agreement with IBI Group to complete the design of the Andover Park W roadway widening as well as the water main replacement. Earlier, these projects were joined with the TUC Transit Center Project for coordinated design efforts. Design on all projects is currently at 75% with 90% design expected by early September. The supplemental agreements are presented separately to aid in the ease of billing and tracking expenditures by project. DISCUSSION Supplement No. 16 adds new scope and fee associated with final design and PS &E for the Andover Park W widening and water main replacement projects. Design work associated with the road widening and water main replacement has been separated for project accounting. As the design of the projects progressed and more information was known, it became apparent that more complex utility conflicts exist than was originally anticipated. Extensive potholing of existing utilities is necessary to avoid future construction problems, which is followed by some minor re- design to avoid or mitigate extensive conflicts. Additional work is also being added to the scope for assistance with obtaining rights -of -entry from the adjacent property owners. No actual R.O.W. acquisition is required, but rights -of -entry are necessary to facilitate the construction and transition between the public roadway and private property. Fiscal Impact: Supplement No. 16's fee associated with the Andover Park W Widening Project right -of- way acquisition is $37,353.00 and the fee for the Andover Park W Water Main Replacement project is $3,170.00. The R.O.W. budget for the APW Widening project has $80,000.00 available and additional design funds are available for the Water Main project. Supplement No. 16 also includes $45,927.00 for roadway and potholing and budget will come from the construction budget as pre -award work in order to avoid more significant construction impacts in the future. The total amount for Supplement No. 16 is $86,450.00 RECOMMENDATION Approve Supplement No. 16 to Contract No. 06 -019 with the IBI Group for the Andover Park West and Water Main Replacement in the amount of $86,450.00 and consider this item at the August 27, 2012 Committee of the Whole and subsequent September 4, 2012 Regular meeting. Attachments: CIP Sheets Supplemental Agreement No. 16 W' \PW Eng \PROJECTS\A- RW RS Projects \Transit Center (90610402) \Design \INFO MEMO Supp #16 181 APW Water Design 8- 17- 12.docx 65 p CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Andover Park West (Tukwila Pkwy Strander Blvd) Project No. 98810404 Zone 1 DESCRIPTION: Study and implement revised channelization. JUSTIFICATION: Revising left turn lanes will reduce accidents and lessen con v STATUS: Major portion of Andover Park W at intersection a qeirn(ter x phase is to revise turn lanes along length of project. To be coordinated with Tukwila „5' Transit Center and APW water improvements. MAINT.IMPACT: Negligible. Project is on impact fee list. Design report completed in 1991 was updated in 2009. ACME Bowling mitigation COMMENT: of $111 k and Westfield Mall of $205k in 2007. Received State TIB grant of $1.42m. Partial match from APW water overlay for $346k (see Water fund project). FINANCIAL Through Estimated (in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Design 119 292 411 Land (R/W) 2 78 80 Const. Mgmt. 10 153 163 Construction 54 1,542 1,596 TOTAL EXPENSES 121 434 1,695 0 0 0 0 0 0 2,250 FUND SOURCES Awarded TIB Grant 100 1,320 1,420 Proposed Grant 0 Mitigation Actual 316 316 Impact Fees 104 10 114 City Oper. Revenue (299) 324 375 0 0 0 0 0 0 400 TOTAL SOURCES 121 434 1,695 0 0 0 0 0 0 2,250 Project Location 2013 2018 Capital Improvement Program S151 N1 0 GIs 67 r SUPPLEMENTAL AGREEMENT NUMBER 16 TO CONSULTANT AGREEMENT NUMBER 06 -019 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and IBI Group, hereinafter referred to as "the Consultant', in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, February 23, 2006 and identified as Agreement No. 06 -019. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include work described in Exhibit A for additional design work on the Andover Park West project. 2. Payment, shall be amended as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit B attached hereto, provided that the total amount of payment to the Consultant shall not exceed $86,450 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $1,687,272. DATED this day of 20 CITY OF TUKWILA Jim Haggerton, Mayor CONSULTANT By: Printed Name: Title: 70 City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES SCOPE OF WORK AUGUST 10, 2012 IBI GROUP 71 IBI GROUP SCOPE OF WORK TABLE OF CONTENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES ..............................1 Task 11: Construction Documents ..............................1 Task 12: Cost Estimates (60% and 100 2 Task15: ROW Acquisition 3 SCHEDULEAND FEE ..............................4 August 10, 2012 Page 72 IBI GROUP SCOPE OF WORK City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES PHASE 2: FINAL DESIGN ADDITIONAL SERVICES The Andover Park West Improvements scope of work has been expanded to provide additional services that have been identified during the development of the Phase 2 Final design. During the development of the civil design, additional design services are required to prepared the final design documents (100 for Andover Park West improvements in order to finalize design documentation including utility conflicts, land acquisition and cost information to the City that allows for future bidding of the project. The following additional services have been identified, covering in general: Right of Way (ROW) Acquisition primarily focused on Right of Entry for no compensation. Potholing of the corridor and updated survey plans. Civil and Landscape updates related to gas line conflicts, line of sight conflicts, and extension of project limits. IBI Group management and oversight for all activities are included in the tasks under which the work will be completed. The following scope describes the work to be conducted, assumptions and deliverables to be provided. Task 11: Construction Documents As identified in the previous scope of work submitted for Phase 2, this task includes design development (60 and final (100 design plans and specifications for civil, urban design, landscape architecture, ITS /communications, and electrical systems. During the 60% design process, new issues and conflicts have been identified. ASSUMPTIONS Updates to Civil plans to resolve driveway line of sight and gas line conflicts are covered in existing Civil design scope for the roadway and waterline replacement design. PACE will hire and manage a potholing sub consultant. WORK ACTIVITIES 11.6. Potholing Several potential utilities conflicts for the roadway and waterline design have been identified. In order to resolve these conflicts, potholing at locations approved by the City is required in order to complete the roadway and waterline design and mitigate utility impacts during construction. KPFF will review the potholing results and update the civil plans to reflect the utility location information received. PACE will hire a potholing subcontractor to perform the field work and coordinate and manage the effort. Traffic control plans and any permits required to complete the work are August 10, 2012 IBI GROUP 73 IBI GROUPSCOPE OF WORK City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES included. PACE will update the survey plans with the updated utility information and provide an updated base plan to the design team for incorporation. 11.7. Utility Conflicts Plans will be updated to reflect the results of the potholing utility conflicts. An existing PSE gas line is located along the east side of Andover Park West from Baker Blvd to Strander Blvd in the vicinity of the new sidewalk and landscape design with curbside trees. An existing telephone line is also located along the east side of Andover Park West between Baker Blvd and Strander Blvd. A decision will be made by the City as to which, if any utility relocates will be done or if modifications to the street tree plans is needed depending on the results of the potholing. 11.8. Existing Detection The City has existing traffic loops and video detection at the intersection of Baker Blvd. and Andover Park West and at the north and south limits of the project at Strander Blvd and Tukwila Parkway. The existing loops and the conduit and j -boxes will be impacted by Andover Park West improvements and the new pavement overlay. IBI will work with the City to prepare plans for the installation of new loops and infrastructure using City standard details and prepare specifications and bid items for the work. The existing video detection will be replaced. IBI will work with the City to identify the equipment and include the new system components in the specifications and bid items. The City will be responsible for installation, testing and integration of the new video detection equipment as well as signal timing updates to accommodate the lane reconfigurations along Andover Park West. DELIVERABLE(S) Draft 100% Design package will include updates to design with the incorporation of the tasks identified above. Updated Survey plans (PACE) Task 12: Cost Estimates (60% and 100 Cost estimates will need to be updated to reflect the new design that resolves the issues outlined above. Per City direction, cost estimates have also been updated from the original scoped CSI format to WSDOT format for all disciplines. ASSUMPTIONS Information will be prepared in WSDOT format for Unit Price bidding. WORK ACTIVITIES 12.2. 100% Cost Estimating The Consultant will update the current cost estimate will be updated to reflect based on the civil and landscape design updates. DELIVERABLE(S) Unit price construction cost estimates for 100% documentation August 10, 2012 Page 2 74 IBI GROUPSCOPE OF WORK City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES August 10, 2012 Task 15: ROW Acquisition The ROW Acquisition scope of work has been added to provide assistance to the City under the Phase 2 Andover Park West Improvement project, for ROW acquisition services. The objective of this task is to assist the City with ROW acquisitions. Work to be performed includes the preparation of legal documents detailing the ROW acquisition necessary along Andover Park West for construction of a new sidewalk, landscape improvements, and fire hydrant replacement. The general approach will be as follows: Obtain a Right of Entry for no compensation. A Right of Entry agreement will be utilized to allow for access to the private properties for landscaping improvements and for repair to existing commercial driveways to accommodate the new roadway grading and sidewalk improvements. In addition, upgrades to existing and new fire hydrants will be required and a right of entry will be used to perform the work. ASSUMPTION(S) All forms and conveyance documents will be based on WSDOT templates. There are no relocations for this project. No sign relocations will be required for this project. All utilities easements, permits, and clearing will be handled by the City. No compensation is anticipated for these ROEs; however, should property owners refuse the ROE and the area is deemed necessary for the completion of the project, additional scope to cover Temporary Construction Easement negotiations is included. Commercial parcels typically have multiple parties in interest. All parties in interest will be addressed in clearing title. IBI Group will be responsible for oversight and any coordination required with the City for acquisitions. Assumed ROE to TCE transition for three sites. WORK ACTIVITIES State and /or federal funds are involved in this project requiring strict adherence to Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments, 49CFR Part 24, and state Revised Statutes. Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual. 15.1. Right of Entries The project involves two (2) parcels, which are all commercially zoned properties, as follows: Parcel #0223100070 (Property Owner: Garfield Southcenter; Property Tenant(s): REI, Bed Bath Beyond, etc.) Parcel #0223100075 (Property Owner: O'Brien Autogroup; Property Tenant(s): ACURA) Page 3 75 IBI GROUPSCOPE OF WORK City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES Parcel #0223100020 (Property Owner: OpenFrame; Property Tenant(s): ACME Bowl) Due to the critical path nature of the acquisitions, IBI will lead the oversight of the acquisition process to ensure acquisitions move forward at the rate required to meet overall project schedule requirements. Weekly status calls with UFS will be held with updates forwarded to the City on a biweekly basis unless a critical path issue is identified, in which case the City would be notified immediately. 15.2. Right of Entry to Temporary Construction Easement During the negotiation process, one or more of the above parcels' owners may refuse to grant a ROE. A TCE would be the next step. If a TCE becomes necessary, additional scope and fee is included and work would be authorized by the City. This task includes work to transition Right of Entries to Temporary Construction Easements and will require additional negotiations, additional survey to stake the appraisal sites, appraisals, and review appraisals. IBI will lead the oversight of the process to ensure this task moves forward at the rate required. 15.3. Shared Driveways Design As a part of the negotiations for acquisitions as identified by property owners, a shared driveway may be designed linking Parcels 0223000020 and 0223100010 to provide for better access to these properties. 15.3.1. Civil Updated design will also include reconfiguration of west access to Southcenter Annex (Parcel 0223000020) and northwest access to the Open Frame property (Parcel 0223100010). Work also includes coordination with Landscape Design team. 15.3.2. Landscape Additional updates to landscape design will be required for the driveway reconfigurations to allow for adequate line of sight and driveway access. DELIVERABLES Bi- Weekly status reports (IBI /UFS) Detailed written diary for the parcel (UFS) Documents required to clear any liens or encumbrances (UFS) A complete record including all files will be provided at the close of negotiations (UFS) SCHEDULE AND FEE Phase 2 Additional Services work will begin upon approval by the City. Phase 3 as defined in the Phase 2 Scope of Work dated November 11, 2011 will be refined during this time and finalized with the City prior to the development of a fee proposal. In order to meet strict City budgeting requirements, this work will be split into two discrete budgets for the roadway August 10, 2012 Page 4 76 IBI GROUPSCOPE OF WORK City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES improvements and waterline replacement. These efforts will be shown clearly on invoicing under the correct City budget line items. The fee for the project has been prepared for the tasks outlined in this document for Phase 2 Additional Services. The estimated fee for the work is summarized below: Phase 2 APW Improvements Additional Services: Roadway $32,109 Task 6: Technical Memorandum for Phases 1 a and 1 b of this project has been completed and shows an amount remaining of $10,544 that is being carried forward to this task and will be applied to the additional services fee request reducing the total design budget for this effort from $42,653 to the amount shown above. Phase 2 APW Improvements Additional Services: ROW Acquisitions $37,353 Phase 2 APW Improvements Additional Services: Potholing $13,818 Phase 2 Waterline Improvements Additional Services: Potholing $3,170 August 10, 2012 Page 5 77 IBI GROUP SCOPE OF WORK City of Tukwila ANDOVER PARK WEST IMPROVEMENTS PHASE 2: FINAL DESIGN ADDITIONAL SERVICES FEE SUMMARY i August 10, 2012 IBI GROUP andover park west final design phase 2 street improvements ibi group andover park west final design phase 2 final street improvements budget ibi group TRANSPORTATION COMMITTEE Meeting Minutes August 20, 2012 5:15 p.m. Conference Room 91 Citv of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte and Robin Tischmak Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. WSDOT Regional Mobilitv Grant: TUC Pedestrian/Bicvcle Bridle Staff is seeking Committee approval to apply for the Washington State Department of Transportation WSDOT) Regional Mobility Grant for right -of -way and construction phases of the Tukwila Urban Center Pedestrian /Bicycle Bridge project. The total grant request would be in the amount of $6,870,000, and requires a minimum 20% City match. The Committee discussed concerns regarding the amount of City matching funds for the grant, and the amount of effort required to calculate the Vehicel Mile Travel (VMT) and Vehicel Time (VT) reduction calculations. Without concerns this application would usually be approved for submission by the Committee; however, the Committee would like to move this forward to full Council for discussion due to the concerns above. FORWARD TO AUGUST 27 COW FOR DISCUSSION. B. TUC Transit Center Supplemental Agreement No. 15 Staff is seeking Council approval for the Supplemental Agreement No. 15 with IBI Group for a new scope and fee that addresses additional utility conflict resolution potholing, minor re- design for conflict resolution, additional right -of -way acquisition services and additional survey work for the Transit Center in the amount of $65,970. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. C. Andover Park West Street Widenina Supplemental Agreement No. 16 Staff is seeking Council approval for the Supplemental Agreement No. 16 with IBI Group for a new scope and fee that addresses additional utility conflict resolution potholing, minor re- design for conflict resolution, additional right -of -way acquisition services and additional survey work for the Andover Park West Street Widening in the amount of $86,450. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. III. SCATBd No discussion held. INFORMATION ONLY. IV. MISCELLANEOUS Committee Chair Ekberg mentioned that the brush in the median on northbound SR -599 just north of the bridge over I -5 appears to be a hindrance to the sight distance for northbound vehicles. Bob Giberson will forward this on to the WSDOT maintenance office for review and response. F-IN COUNCIL AGENDA SYNOPSIS ITEM NO. CAS NUMBER: Meeting Date I Prepared by I Mayor's review 08/27/12 BG 09/04/12 BG ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON Council review 3.E. ORIGINAL AGENDA DATE: 08/27/12 AGENDA ITEM TITLE Tukwila Urban Center Pedestrian/ Bicycle Bridge WSDOT Regional Grant Program Application CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date 08127112 Mt g Date 09104112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council ❑Mayor Adm Svcs DCD Finance Fire Legal E] PAR E] Police ®PIS SPONSOR'S This grant application for $6,870,000 includes $870,000 for right -of -way acquisition and SUMMARY $6,000,000 for construction. A minimum 20% match will require city operating revenues of $966,000 and park impact fees of $810,000. Council is being asked for approval to submit a grant application to the WSDOT Regional Mobility Grant Program for the Tukwila Urban Center Pedestrian/ Bicycle Bridge. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/20/12 COMMI'I fEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Forward to Committee of the Whole for discussion. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $940,000.00 $940,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND(PAGE 12, PROPOSED 2013 CIP) Comments: City matched funds to a grant request in the amount of $6,870,000.00 MTG. DATE RECORD OF COUNCIL ACTION 08/27/12 MTG` DATE j ATTACHMENTS 08/27/12 I Informational Memorandum dated August 17, 2012 Page 12, Proposed 2013 CIP Minutes from the Transportation Committee meeting of 08/20/12 09/04/12 p City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Cyndy Knighton, Senior Engineer DATE: August 17, 2012 SUBJECT: Tukwila Urban Center Pedestrian Bicvcle Bridge Project No. 90510403 WSDOT Regional Mobility Grant Program Application ISSUE Submit grant application to the WSDOT Regional Mobility Program for the TUC Pedestrian /Bicycle Bridge. BACKGROUND The WSDOT Regional Mobility Grant Program has a current call for applications, which are due on October 10, 2012 but the process includes early review and approval of a section of the grant which is due September 14, 2012. The early submittal of the complex Vehicle Mile Travel (VMT) reduction and Vehicle Time (VT) reduction calculations require that work on the grant application must begin earlier than normal. Staff is proposing submitting for R.O.W. and construction phases on the TUC Pedestrian /Bicycle Bridge project. Tukwila was successfully awarded a Regional Mobility Grant for the Tukwila Transit Center and remains in good standing with the granting agency. Staff submitted a grant application through the WSDOT Pedestrian and Bicycle program for the R.O.W. phase in June, 2012. There were 170 applications received for the approximate $8 million available state -wide and it is not yet known if Tukwila will be successful in this highly competitive program. The Regional Mobility Grant Program is expected to have about $40 million available state -wide. DISCUSSION Design is underway for the TUC Pedestrian Bridge and a new cost estimate based on 30% engineering will be available in October. The CIP currently shows the need for $7,485,000 in construction funding, which is based on information from the Type, Size, and Location Report, finalized in 2011. The new 2013 CIP sheet will be updated once the most recent information is received and the final grant request will be updated to reflect the more current cost estimate prior to submittal. The TUC Pedestrian Bridge requires acquisition of one full property (Nelsen property) and a partial acquisition, including 27 parking stalls, of a second property (Riverview Plaza). Permanent easements from Seattle Public Utilities are also expected. Estimated cost for acquiring this R.O.W. is $1,100,000. The 2012 CIP sheet has only $100,000.00 for R.O.W., which was a placeholder until more information was known on the actual needs. Match is required for these grants, with the minimum of 20 Unlike most grant sources, previous expenditures and staff salaries can be used as match. If the two grant requests are successful, the funds cannot be used as match to each other, but other federal grant funds already awarded for the design can. If successful, funds would be available in June, 2013. Phase City Park Impact Grants Responsibility Fees Design 102,000 35,000 ROW 230,000 1,100,000 Construction 710,000 775,000 Total $1,042,000 810,000 Match Percentage 10% 8% RECOMMENDATION Awarded Grant Total Amount Grants Request $1,496,000 0 1,633,000 870,000 1,100,000 6,000,000 7,485,000 $1,496,000 $6,870,000 $10,218,000 15% 67% 100% Council is being asked to approve the submission of a grant application to the WSDOT Regional Mobility Grant Program for the TUC Pedestrian /Bicycle Bridge in the amount of $6,870,000 with a minimum 20% local match, and consider this item at the August 27, 2012 Committee of the Whole and subsequent September 4, 2012 Regular meeting. Attachment: CIP sheet W:\PW Eng \PROJECTS\A- RW RS Projects \TUC Ped Bicycle Bridge (90510403) \Grants \INFO MEMO WSDOT Regional Mobility Grant App 5 -24 -12 bg.docx i p CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Tukwila Urban Center Pedestrian /Bicycle Bridge Project No. 90510403 DESCRIPTION: Construct a new pedestrian /bicycle bridge over the Green River. JUSTIFICATION: Pedestrian /bicycle connection between Tukwila's Urban Center and co rail r ice: a a' Supports local and regional goals and policies regarding land u rtati rn M< rU n Center. Pedestrian System Report identified the optimal locati for to be south of the Best STATUS: Western Hotel. Type, Size, and Location Report was c e4 =.,;,n 1011. Council approved a design of a twin -tied arch bridge with no accommodation for a futu i "'bridge crossing over West Valley Highway. MAINT. IMPACT: To be determined. State Enhancement design grant for $190k and Transit Oriented Development (TOD) planning grant of $55k COMMENT: State Enhancement grant of $500k and Federal CMAQ grant of $750,833 for final design. Project is on Park Impact Fee list with funding of $2 million with an 80 %/20% split. FINANCIAL Through Estimated (in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Design 267 984 382 1,633 Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES 267 FUND SOURCES Awarded Grant 245 Proposed Grant Mitigation Actual Park Impact Fees Expected City Oper. Revenue 22 TOTAL SOURCES 267 1,100 1,000 6,485 984 382 1,100 7,485 930 321 870 6,000 35 90 685 54 26 140 800 984 382 1,100 7,485 Project Location 2013 2018 Capital Improvement Program 12 0 0 0 0 0 0 0 0 0 1,100 1,000 6,485 0 10,218 1,496 6,870 0 810 0 1,042 0 10,218 GIs NY.] Mt TRANSPORTATION COMMITTEE Meeting Minutes August 20, 2012 5:15 p.m. Conference Room #1 Citv of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte and Robin Tischmak Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. WSDOT Regional Mobilitv Grant: TUC Pedestrian/Bicvcle Bridge Staff is seeking Committee approval to apply for the Washington State Department of Transportation WSDOT) Regional Mobility Grant for right -of -way and construction phases of the Tukwila Urban Center Pedestrian /Bicycle Bridge project. The total grant request would be in the amount of $6,870,000, and requires a minimum 20% City match. The Committee discussed concerns regarding the amount of City matching funds for the grant, and the amount of effort required to calculate the Vehicel Mile Travel (VMT) and Vehicel Time (VT) reduction calculations. Without concerns this application would usually be approved for submission by the Committee; however, the Committee would like to move this forward to full Council for discussion due to the concerns above. FORWARD TO AUGUST 27 COW FOR DISCUSSION. B. TUC Transit Center Supplemental Agreement No. 15 Staff is seeking Council approval for the Supplemental Agreement No. 15 with IBI Group for a new scope and fee that addresses additional utility conflict resolution potholing, minor re- design for conflict resolution, additional right -of -way acquisition services and additional survey work for the Transit Center in the amount of $65,970. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. C. Andover Park West Street Widening Supplemental Aareement No. 16 Staff is seeking Council approval for the Supplemental Agreement No. 16 with IBI Group for a new scope and fee that addresses additional utility conflict resolution potholing, minor re- design for conflict resolution, additional right -of -way acquisition services and additional survey work for the Andover Park West Street Widening in the amount of $86,450. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27 COW FOR DISCUSSION. III. SCATBd No discussion held. INFORMATION ONLY. IV. MISCELLANEOUS Committee Chair Ekberg mentioned that the brush in the median on northbound SR -599 just north of the bridge over I -5 appears to be a hindrance to the sight distance for northbound vehicles. Bob Giberson will forward this on to the WSDOT maintenance office for review and response. m Upcoming Meetings Events August /September 2012 27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 31st (Friday) Utilities Cfnte A rte:.,. k�p 5 P.. QPA- Cancelled Cancelled City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 3rd (Monday) 4th (Tuesday) Labor Day Chamber of Commerce City offices closed Gov't. Community Affairs Cmte, 12:00 NOON (Chamber Ofce) (Rescheduled to September 10) Transportation Cmte, 5:15 PM (CR 41) AAs G� -''en, (Rescheduled to September 18) City Council Regular Mtg., 7:00 PM (Council Chambers) 5th (Wednesday) 6th (Thursday) 7th (Friday) Finance Equity Safety Cmte, Diversity 5:15 PM Commission, (CR 93) 5:15 PM (CR #3) 1st (Saturday) 8th (Saturday) Council Coffee Chat 10:00 AM to 12:00 NOON Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Lynn Wallace at 206 -575 -1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Con£ Room #3. Contact Kim Gilman at 206 431 -2187. ➢Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf Room #3 Meeting cancelled. ➢COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:.30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175). Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 433 -1850. ➢Finance Safety Committee: 1st 3rd Tues., 5:15 PM, Conf. Room #3 Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 -2342. ➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson 206 767 -2308. ➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wyneua Bivens at 206 -431 -3670. ➢Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage Cultural Center, 14475 59' Avenue S. Contact Pat Brodin at 206 433 -1861. ➢Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 41 ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 433 -1815. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 Meeting Cancelled. 91 Tentative Agenda Schedule August 6 September 4 (Tuesday) Consent Agenda: Authorize the Mayor to sign lease agreements for 19 copiers with Xerox Corporation over a 2- year period in an amount not to exceed $210,000. Authorize the Mayor to sign an amendment to Contract #09 -130 with Foster Pepper PLLC for the Tukwila Urban Access (Klickitat) LID #33 project in the amount of $25,000. Public Hearing:_ Sound Transit Unclassified Use Permit for Tukwila Commuter Rail Station located at 7301 South Longacres Way Unfinished Business: Adopt findings of fact, conclusions, and recommendations In the staff report and approve the Unclassified Use Permit for the permanent Tukwila Commuter Rail Station located at 7301 South Longacres Way. A Reserve Policy 13 10 Special Issue: A Reserve Policy Presentation on the proposed Disposition and Development Agreement for Tukwila Village. 20 17 27 See agenda packet cover sheet for this week's agenda (August 27, 2012 Conunittee of the Whole Meeting). 24 Special Presentation: 2012 Financial Report for 2nd Quarter. Special Issue: Presentation on the proposed Disposition and Development Agreement for Tukwila Village. WA